How the Environmental Rights Amendment Strengthens Our Impact

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Article posted by George Jugovic, Jr., Vice President of Legal Affairs

This blog is part of a series exploring how Pennsylvania’s Environmental Rights Amendment has been interpreted by the courts. After the Supreme Court’s 2013 Robinson Township decision revived Article I, Section 27 of the constitution, many conservationists hoped it would immediately change how state and local governments make decisions, yet its impact was initially limited.

The author explains that the Robinson decision was initially considered persuasive rather than binding precedent, so lower courts and agencies continued business as usual until a later case, Pennsylvania Environmental Defense Foundation (PEDF), clarified and reinforced Chief Justice Castille’s reasoning. By discussing how legal precedent evolves, the article shows how the PEDF decision, issued four years later, transformed the Environmental Rights Amendment into enforceable law. Readers are invited to attend an Environmental Rights Amendment forum to learn more about these cases and their implications for clean air and water.